Or. Admin. R. 340-214-0320 - Scheduled Maintenance
(1) If the
owner or operator anticipates that scheduled maintenance of air contaminant
sources or air pollution control devices may result in excess emissions, the
owner or operator must obtain prior DEQ authorization of procedures that will
be used. The owner or operator must submit a written application for approval
of new procedures or modifications to existing procedures. The application must
be submitted in time for DEQ to receive it at least 72 hours before the first
occurrence of a maintenance event to which the procedures apply. The
application must:
(a) Explain the need for
maintenance, including but not limited to:
(A) Why the maintenance activity is
necessary;
(B) Why it would be
impractical to shut down the source operation during the maintenance activity;
(C) If applicable, why air
pollution control devices must be by-passed or operated at reduced efficiency
during the maintenance activity; and
(D) Why the excess emissions could not be
avoided through better scheduling for maintenance or through better operation
and maintenance practices.
(b) Identify the specific production or
emission control device or system to be maintained;
(c) Identify the nature of the air
contaminants likely to be emitted during the maintenance period and the
estimated amount and duration of the excess emissions, including measures such
as the use of overtime labor and contract services and equipment, that will be
taken to minimize the length of the maintenance period;
(d) Identify specific procedures to be
followed that will minimize excess emissions at all times during the scheduled
maintenance.
(2) DEQ
will approve the procedures if it determines that they are consistent with good
pollution control practices, will minimize emissions during such period to the
extent practicable, and that no adverse health impact on the public will occur.
The owner or operator must record all excess emissions in the excess emissions
log, as required in OAR
340-214-0340(3).
Approval of the above procedures does not shield the owner or operator from an
enforcement action, but DEQ will consider whether the procedures were followed
in determining whether an enforcement action is appropriate.
(3) Once DEQ approves the maintenance
procedures the owner or operator does not have to notify DEQ of a scheduled
maintenance event unless it results in excess emissions.
(4) When required by section (3),
notification must be made in accordance with OAR
340-214-0330(1)(a).
(5) DEQ may revoke or require
modifications to previously approved procedures at any time by written
notification to the owner or operator.
(6) No scheduled maintenance associated with
the approved procedures in section (2), that is likely to result in excess
emissions, may occur during any period in which an Air Pollution Alert, Air
Pollution Warning, or Air Pollution Emergency has been declared, or during an
announced yellow or red woodstove curtailment period in areas designated by DEQ
as PM2.5 or PM10 nonattainment areas.
(7) The owner or operator is subject to the
requirements under All Other Excess Emissions in OAR
340-214-0330 if the owner or operator fails to obtain DEQ approval of maintenance procedures
in accordance with section (1).
NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Notes
Stat. Auth.: ORS 468.020, 468A.025, 468A.040 & 468A.310
Stats. Implemented: ORS 468A.025, 468A.040 & 468A.310
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